How does child custody work in New York?
The issue of child custody often arises as a result of a divorce, or when two unmarried parents separate. In New York, custody can be addressed in both Supreme Court and Family Court. The state where a child has resided for the previous six months is called the home state and has jurisdiction over the child in custody cases. Parents generally are presumed to have equal rights to and responsibilities for their children. The decision as to which parent should have custody of a child can be reached by private agreement, or, if not, is made by a court. It is usually best if separating parents can reach an agreement concerning child custody. The standard used by the court to determine custody is the best interests of the child. In New York, there is no statutory joint custody, which means that, after a trial, a judge can only order sole custody to the mother or to the father. As well, if the parents agree to joint custody, a judge can order it based upon their agreement. The non-custodial p
